Business Directory Advertising Terms and Conditions

These Terms and Conditions are applicable to all business listings and advertising (paid or free) provided by Marks Media on PetGazetteAsheville.com and PetGazetteHendersonville.com.

Marks Media, owner of PetGazette Asheville and PetGazette Hendersonville, maintains a comprehensive business listing database of both paid advertisers and free listings and reserves the right to publish, or not publish, such listings to ensure the database is a comprehensive list of pet-related businesses and services.

Advertising Products Terms and Conditions

Acceptance of Terms

1.1. All Advertisers agree to be bound by the Terms & Conditions set out on www.petgazetteasheville.com, terms and conditions agreed to over the phone as well as these additional terms and conditions, as applicable.

1.2. The terms that apply to your Contract and Service are set out in:

1.2.a. these terms including any attachments;

1.2.b. the approved and authorized order form or equivalent contract, over the phone with a sales person or otherwise;

1.2.c. where applicable; the commercial credit application;

1.2.d. the website terms of use located at www.petgazetteasheville.com ;

1.2.e. any advertising rules and/or guidelines which apply to your Service; and

1.2.f. any equivalent approved and authorized document received by Marks Media.

1.3. These Advertising Products Terms and Conditions supersede any terms and conditions previously issued, whether it be in writing, verbally or on www.petgazetteasheville.com or www.petgazettehendersonville.com, or otherwise issued by Marks Media.

1.4. Marks Media, in its sole discretion, may vary these terms and conditions at any time without notice.

Term of Advertising Contract

2.1. The Contract begins on the date the approved and authorized order form, commercial credit application, verbal agreement with a sales person or equivalent contract is received by Marks Media.

2.2. The Contract will continue for the period set out in the order form or equivalent contract.

Changes to the Contract, Product or Terms

3.1. Modifications or revisions of the Advertising Products Terms and Conditions can be made any time by Marks Media without any prior warning or notice.

3.2. The changes will be effective as soon as they have been posted on the website.

3.3. You should check the terms and conditions from time to time so you are aware of any changes to the site and services.

3.4. Your continued use of PetGazetteAsheville.com or PetGazetteHendersonville.com after any modifications indicates you have accepted the new terms and conditions.

Advertiser Content

4.1. Advertiser is responsible for uploading and maintaining any and all relevant material (Advertiser Material) for use on the website, in accordance with any requirements of Marks Media including as to deadlines and delivery formats

4.2. Marks Media takes no responsibility for any of the Advertiser Material.

4.3. Marks media will determine the utilization of all keywords, categories and other material used to describe or categorize a business listing for all purposes relating to the Business Directory.

4.4. Marks Media may remove, revise or refuse to publish any Advertiser Material.

4.5. Marks Media reserves the right to include or exclude entry to, or remove a business from, the site and the directory at any time, for any reason whatsoever and without any liability to Marks Media;

4.6. Recognition of advertising in other media channels:

4.6.a. Marks media may present advertisements of businesses that also advertise in other media channels in a different position and in a different format to that of other advertisements.

4.6.b. This variance in presentation is solely at the discretion of Marks Media and Advertisers may assume no right of entitlement to this based on their other advertising. Marks Media may choose to apply this variance in presentation to some advertisers but not to others and may alter the duration of any such variance in presentation at its discretion.

4.7. The Advertiser acknowledges and agrees that Marks Media may provide the Business Directory from time to time to other commercial enterprises including for publication on another website. Marks Media does not warrant that the Advertiser’s listing in the Business Directory will be published or continue to be published on an internet site that is a distribution partner of Marks Media. The Advertiser acknowledges and agrees that:

4.7.a. The failure of an internet site to publish or continue to publish the Advertiser’s listing or Advertiser Material in any form will not affect the parties’ rights and obligations under this Contract;

4.7.b. Marks Media is not liable to the Advertiser for any claim for loss or damage arising from the publication or non-publication of the Advertiser’s listing or Advertiser Material on such internet sites; and

4.7.c. Marks Media retains the right to change its distribution partners from time to time and gives no warranty that the Advertiser’s listing or Advertiser Material will be distributed by any particular distribution partner for any particular period.

Termination of Contract

5.1. This Contract may be terminated in the following ways:

5.1.a. At any time the Advertiser and Marks Media agree;

5.1.b. By Marks Media without notice if:

5.1.b.i. the Advertiser (being an individual) is declared bankrupt; or

5.1.b.ii. any action is taken in relation to the Advertiser which, if the Advertiser is a corporation, reasonably indicates its insolvency or if the Advertiser is a person then similar events occur which indicate bankruptcy.

5.2. Marks Media may without notice terminate this Contract and all its obligations to an Advertiser if the Advertiser fails to comply with any of its obligations to Marks Media including, without limitation, the Advertiser’s obligations to:

5.2.a. make any payment to Marks Media in cleared funds by the due date for payment.: and

From termination Marks Media ceases to have any obligation to supply services to the Advertiser. Clause 6.5 survives termination by Marks Media.

Liability and Indemnity

6.1. The Advertiser indemnifies Marks Media against any successful claim by any third party against Marks Media in respect of any matter arising from the operation, use, transfer of data or money to and from Marks Media by the Advertiser.

6.2. By lodging material including electronic material or data for publication or authorizing or approving the publication of any material with Marks Media, the Advertiser indemnifies Marks Media and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from the publication of the material, and,
Without limiting the generality of the above, Advertisers and or advertising agencies indemnify Marks Media and its directors, employees and agents against any claims arising from:

6.2.f. violation of rights of privacy or confidential information or licences or royalty rights or other intellectual property rights.

6.3. Advertiser indemnity: The Advertiser indemnifies Marks Media for any loss or damage including indirect or consequential loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the advertising service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in a Company Directory, on the Website or any of its printed material.

6.4. No Advertiser assignment: The Advertiser may not assign its rights or obligations under any agreement with Marks Media without the prior written consent of Marks Media.

Intellectual Property

7.1. All intellectual property in relation to material included on the Website belongs to Marks Media or its licensors or Advertisers, and Users and other Advertisers obtain no interest in that property. Users and Advertisers may not do anything which interferes with or breaches those intellectual property rights.

7.2. Maps and map data:

7.2.a. All content and materials relating to the maps included on or linked to the Website are the copyright of the mapping provider.

7.2.b. Except as expressly permitted by these terms and conditions, the User (including Advertisers) may not re-use, export, transmit, duplicate, or publish the map data in any way (whether electronic or on paper) without the express written permission of Marks Media. The terms of use for Google Maps located on PetGazetteAsheville.com or PetGazetteHendersonville.com can be found at http://www.google.com/intl/en_us/help/terms_maps.html.

7.2.c. Marks Media provides the Google Maps product on an “as is” basis as provided by Google. Google Maps is a product of Google Inc. The user hereby agrees not to make any claims against Marks Media or Google pertaining to the suitability for any given purpose and performance of Google Maps.

Privacy

8.1. Marks Media will collect, use and disclose any personal information in accordance with its Privacy policy which is available upon request and Users acknowledge Marks Media’s Privacy policy and consent to the collection, use and disclosure of personal information in accordance with that Privacy policy.

General Notices

9.1. Severability of some clauses: If any part of these terms and conditions are unenforceable the remainder will not be affected.

9.2. Jurisdiction: Advertisers acknowledge that all correspondence concluded on the Website and all online and telephone activities in relation to the Website are made and concluded in North Carolina. These terms and conditions shall be governed by the laws of the state of North Carolina. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.

9.3. Any notice to be served to Marks Media under this Contract must be served personally by post, facsimile or email to Marks Media at:PetGazette Asheville
PO Box 151
Candler, NC 28715
Email: publisher.petgazette@gmail.com

Definitions

“person”
includes a corporation;

“month”
means calendar month;

“Advertiser”
means the business or their authorised representative (including an advertising agency) that has entered into an agreement with Marks Media in relation to the inclusion on the Website of listing or other advertising content, including through the use of this website to upload information into the Business Directory;

“follow-on term”
means a period of the same length as the initial term commencing on the day after the expiry of the initial term or the preceding follow-on term, as the case may be;

“service”
means such of Marks Media products or services purchased by the Advertiser as indicated in the invoice from time to time;

“stand-alone”
A stand-alone Listing is any listing product that is not bundled with a Top of List, Strip, or Tile advertisement;

“Users”
means users of the Website including, where appropriate, Advertisers.

“Contract”
means documents or recording including:
1. these terms including any attachments;
2. the approved and authorized On-Line or Manual Order Form or equivalent Contract;
3. where applicable; the commercial credit application;
4. the Website terms of use located at www.PetGazetteAsheville.com or www.PetGazetteHenderesonville.com;
5. any advertising rules and/or guidelines which apply to your Service;
6. any equivalent approved and authorised document Contract received by Marks Media
7. the approved and authorized voice recording of order or equivalent contract.

Additional Business Listings Terms and Conditions

The following Additional Terms and Conditions are applicable to all paid business listings or advertising purchased directly from Marks Media. Other terms and conditions may apply to business listings or advertising purchased through an agent or partner of Marks Media. Advertisers should carefully review all applicable terms and conditions before purchasing any listing or advertising.

Term of Advertising Contract

11.1.1. The Contract begins on the date the approved and authorized order form, commercial credit application, verbal agreement with a sales person or equivalent contract is received by ALS.

11.1.2. The Contract will continue for the period set out in the order form or equivalent contract, or if no period is specified, will continue automatically for successive follow-on terms unless and until it is terminated in accordance with Clause 6.

Fees and Charges

12.1. Invoicing and payment:

12.1.a. The Advertiser must pay all fees and charges as set out in an approved and authorized order form, as stated on-line, over the phone by a sales person or equivalent contract.

12.1.b. Marks Media reserves the right to make changes to the prices at any time, on 30 days notice to the Advertiser

12.1.c. The Advertiser is expected to adhere to the payment terms and payment method agreed to on the order form, as agreed to on-line, over the phone with a sales person, or equivalent document.

12.1.d. Payment methods and payment terms accepted by Marks Media are as follows: credit card and direct debit are cash on the due date.

12.1.e. Should the Advertiser elect to pay by credit card then Marks Media reserves the right to process the credit card for payment as required to achieve a successful outcome in the event that the original processing transaction is unsuccessful. The Advertiser acknowledges that it is solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the collection of payments.

12.1.f. Should the Advertiser’s account exceed Marks Media’s payment terms and be passed on for collection and or legal action, all costs including debt collection, commission, solicitor’s fees and any out of pocket expense will be the liability of the Advertiser.

12.1.g. If the Advertiser at anytime exceeds Marks Media’s payment terms and as a result is passed on for collection and or legal action Marks Media may place a default against the Advertiser with a credit reporting agency.

12.1.h. In consideration of Marks Media having agreed at the directors’ request to supply its services and to give credit to the Advertiser, the directors unconditionally and irrevocably guarantee, jointly and severally, the due and punctual payment to Marks Media on demand of all monies now or in the future payable to Marks Media by the Advertiser.

12.1.i. This guarantee shall be a continuing guarantee and shall not be affected by any payment of monies or settlement of account, Marks Media granting time or any other indulgence to the Advertiser or any other person; any arrangement between Marks Media and the Advertiser or any other person, Marks Media failure or neglect to recover monies, any lack of power on any director’s part to give this guarantee; release, discharge or transfer of any security held by Marks Media; any director not executing this guarantee; or any other event, act or omission on Marks Media’s part whatsoever. This guarantee is a principal obligation and is enforceable. Notwithstanding that the monies guaranteed are irrecoverable from the buyer.

12.2. If required by the payment arrangements agreed between Marks Media and the Advertiser, the Advertiser must at all times maintain sufficient funds in the Advertiser’s credit card account or the bank account (as the case may be) to cover all fees or charges payable to Marks Media as and when they are due.

12.3. Nothing prevents Marks Media from taking any action necessary to recover unpaid fees and charges. At which time all costs including debt collection, commission, solicitors fees and any out of pocket expense will be the liability of the Advertiser.

12.4. If the Advertiser at anytime exceeds the companies payment terms and as a result is passed on for collection and or legal action Marks Media may place a default against the advertiser with a credit reporting agency.

Cancellation Policy

13.1. If the Advertiser wants to terminate their contract within the period of the term of the contract then the Advertiser must do the following: